---
kind: "section"
citation: "12 U.S.C. § 1828a"
title: "12"
title_heading: "Banks and Banking"
number: "1828a"
heading: "Prudential safeguards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/1828a"
units:
  - "Chapter 16 — Federal Deposit Insurance Corporation"
---

# §1828a. Prudential safeguards

- (a) **Comptroller of the Currency—**
  - (1) **In general—** The Comptroller of the Currency may, by regulation or order, impose restrictions or requirements on relationships or transactions between a national [bank](/usc/12/1813.md?p=a-1) and a [subsidiary](/usc/12/1813.md?p=w-4) of the national [bank](/usc/12/1813.md?p=a-1) that the Comptroller finds are—
    - (A) consistent with the purposes of this Act, title LXII of the Revised Statutes of the United States, and other Federal law applicable to national [banks](/usc/12/1813.md?p=a-1); and
    - (B) appropriate to avoid any significant risk to the safety and soundness of [insured depository institutions](/usc/12/1813.md?p=c-2) or the [Deposit Insurance Fund](/usc/12/1813.md?p=y-1) or other adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices.
  - (2) **Review—** The Comptroller of the Currency shall regularly—
    - (A) review all restrictions or requirements established pursuant to [paragraph (1)](#a-1) to determine whether there is a continuing need for any such restriction or requirement to carry out the purposes of the Act, [including](/usc/12/1813.md?p=t-1) the avoidance of any adverse effect referred to in [paragraph (1)(B)](#a-1-B); and
    - (B) modify or eliminate any such restriction or requirement the Comptroller finds is no longer required for such purposes.
- (b) **Board of Governors of the Federal Reserve System—**
  - (1) **In general—** The [Board](/usc/12/1861.md?p=b-3) of Governors of the Federal Reserve System may, by regulation or order, impose restrictions or requirements on relationships or transactions—
    - (A) between a [depository institution](/usc/12/1813.md?p=c-1) [subsidiary](/usc/12/1813.md?p=w-4) of a [bank holding company](/usc/12/1813.md?p=w-2) and any [affiliate](/usc/12/1813.md?p=w-6) of such [depository institution](/usc/12/1813.md?p=c-1) (other than a [subsidiary](/usc/12/1813.md?p=w-4) of such institution); or
    - (B) between a [State member bank](/usc/12/1813.md?p=d-2) and a [subsidiary](/usc/12/1813.md?p=w-4) of such [bank](/usc/12/1813.md?p=a-1);

    if the [Board](/usc/12/1861.md?p=b-3) makes a finding described in [paragraph (2)](#b-2) with respect to such restriction or requirement.

  - (2) **Finding—** The [Board](/usc/12/1861.md?p=b-3) of Governors of the Federal Reserve System may exercise authority under [paragraph (1)](#b-1) if the [Board](/usc/12/1861.md?p=b-3) finds that the exercise of such authority is—
    - (A) consistent with the purposes of this Act, the Bank Holding Company Act of 1956 [[12 U.S.C. 1841](/usc/12/1841.md) et seq.], the Federal Reserve Act [[12 U.S.C. 221](/usc/12/221.md) et seq.], and other Federal law applicable to [depository institution](/usc/12/1813.md?p=c-1) [subsidiaries](/usc/12/1813.md?p=w-4) of [bank holding companies](/usc/12/1813.md?p=w-2) or [State member banks](/usc/12/1813.md?p=d-2), as the case may be; and
    - (B) appropriate to prevent an evasion of any provision of law referred to in [subparagraph (A)](#b-2-A) or to avoid any significant risk to the safety and soundness of [depository institutions](/usc/12/1813.md?p=c-1) or the [Deposit Insurance Fund](/usc/12/1813.md?p=y-1) or other adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices.
  - (3) **Review—** The [Board](/usc/12/1861.md?p=b-3) of Governors of the Federal Reserve System shall regularly—
    - (A) review all restrictions or requirements established pursuant to paragraph [(1)](#b-1) or [(4)](#b-4) to determine whether there is a continuing need for any such restriction or requirement to carry out the purposes of the Act, [including](/usc/12/1813.md?p=t-1) the avoidance of any adverse effect referred to in paragraph [(2)(B)](#b-2-B) or [(4)(B)](#b-4-B); and
    - (B) modify or eliminate any such restriction or requirement the [Board](/usc/12/1861.md?p=b-3) finds is no longer required for such purposes.
  - (4) **Foreign banks—** The [Board](/usc/12/1861.md?p=b-3) may, by regulation or order, impose restrictions or requirements on relationships or transactions between a branch, agency, or commercial lending [company](/usc/12/1813.md?p=w-7) of a [foreign bank](/usc/12/1813.md?p=s-1) in the United States and any [affiliate](/usc/12/1813.md?p=w-6) in the United States of such [foreign bank](/usc/12/1813.md?p=s-1) that the [Board](/usc/12/1861.md?p=b-3) finds are—
    - (A) consistent with the purposes of this Act, the Bank Holding Company Act of 1956, the Federal Reserve Act, and other Federal law applicable to [foreign banks](/usc/12/1813.md?p=s-1) and their [affiliates](/usc/12/1813.md?p=w-6) in the United States; and
    - (B) appropriate to prevent an evasion of any provision of law referred to in [subparagraph (A)](#b-4-A) or to avoid any significant risk to the safety and soundness of [depository institutions](/usc/12/1813.md?p=c-1) or the [Deposit Insurance Fund](/usc/12/1813.md?p=y-1) or other adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices.
- (c) **Federal Deposit Insurance Corporation—**
  - (1) **In general—** The Federal [Deposit](/usc/12/1813.md?p=l) Insurance Corporation may, by regulation or order, impose restrictions or requirements on relationships or transactions between a [State nonmember bank](/usc/12/1813.md?p=e-2) (as defined in section 3 of the Federal [Deposit](/usc/12/1813.md?p=l) Insurance Act [[12 U.S.C. 1813](/usc/12/1813.md)]) and a [subsidiary](/usc/12/1813.md?p=w-4) of the [State nonmember bank](/usc/12/1813.md?p=e-2) that the Corporation finds are—
    - (A) consistent with the purposes of this Act, the Federal [Deposit](/usc/12/1813.md?p=l) Insurance Act [[12 U.S.C. 1811](/usc/12/1811.md) et seq.], or other Federal law applicable to [State nonmember banks](/usc/12/1813.md?p=e-2); and
    - (B) appropriate to avoid any significant risk to the safety and soundness of [depository institutions](/usc/12/1813.md?p=c-1) or the [Deposit Insurance Fund](/usc/12/1813.md?p=y-1) or other adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices.
  - (2) **Review—** The Federal [Deposit](/usc/12/1813.md?p=l) Insurance Corporation shall regularly—
    - (A) review all restrictions or requirements established pursuant to [paragraph (1)](#c-1) to determine whether there is a continuing need for any such restriction or requirement to carry out the purposes of the Act, [including](/usc/12/1813.md?p=t-1) the avoidance of any adverse effect referred to in [paragraph (1)(B)](#c-1-B); and
    - (B) modify or eliminate any such restriction or requirement the Corporation finds is no longer required for such purposes.

## Source credit

(Pub. L. 106–102, title I, § 114, Nov. 12, 1999, 113 Stat. 1369; Pub. L. 109–173, § 9(i), Feb. 15, 2006, 119 Stat. 3618.)

## Notes

### Editorial Notes

### References in Text

This Act and the Act, referred to in text, probably are references to Pub. L. 106–102, Nov. 12, 1999, 113 Stat. 1338, known as the Gramm-Leach-Bliley Act. For complete classification of this Act to the Code, see Short Title of 1999 Amendment note set out under section 1811 of this title and Tables.

Title LXII of the Revised Statutes, referred to in subsec. (a)(1)(A), consists of R.S. §§ 5133 to 5244, which are classified to sections 16, 21, 22 to 24a, 25a, 25b, 26, 27, 29, 35 to 37, 39, 43, 52, 53, 55 to 57, 59 to 62, 66, 71, 72 to 76, 81, 83 to 86, 90, 91, 93, 93a, 94, 141 to 144, 161, 164, 181, 182, 192 to 194, 196, 215c, 481 to 485, 501, 541, 548, and 582 of this title. See, also, sections 8, 333, 334, 475, 656, 709, 1004, and 1005 of Title 18, Crimes and Criminal Procedure. For complete classification of R.S. §§ 5133 to 5244 to the Code, see Tables.

The Bank Holding Company Act of 1956, referred to in subsec. (b)(2)(A), (4)(A), is act May 9, 1956, ch. 240, 70 Stat. 133, which is classified principally to chapter 17 (§ 1841 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1841 of this title and Tables.

The Federal Reserve Act, referred to in subsec. (b)(2)(A), (4)(A), is act Dec. 23, 1913, ch. 6, 38 Stat. 251, which is classified principally to chapter 3 (§ 221 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 226 of this title and Tables.

The Federal Deposit Insurance Act, referred to in subsec. (c)(1)(A), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of this title and Tables.

### Codification

Section was enacted as part of the Gramm-Leach-Bliley Act, and not as part of the Federal Deposit Insurance Act which comprises this chapter.

### Amendments

2006—Subsecs. (a)(1)(B), (b)(2)(B), (4)(B), (c)(1)(B). Pub. L. 109–173 substituted “the Deposit Insurance Fund” for “any Federal deposit insurance fund”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2006 Amendment

Amendment by Pub. L. 109–173 effective Mar. 31, 2006, see section 9(j) of Pub. L. 109–173, set out as a note under section 24 of this title.

### Effective Date

Section effective 120 days after Nov. 12, 1999, see section 161 of Pub. L. 106–102, set out as an Effective Date of 1999 Amendment note under section 24 of this title.